Incompetency to stand trial is not an affirmative defense.

Question

Quizplus · Accepted Answer

Incompetency to stand trial is not a defense that challenges that the defendant committed the crime but rather challenges their ability to understand the legal proceedings and assist in their own defense. It is a legal status that can temporarily suspend the criminal process until the defendant is capable of participating in their defense. It is not considered an affirmative defense because it does not directly dispute the elements of the offense charged.

Incompetency to Stand Trial Is Not an Affirmative Defense